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Karnataka High Court
Dipali Biradar vs The Union Of India on 18 February, 2026
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WA No. 200062 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE R.NATARAJ
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
WRIT APPEAL NO.200062 OF 2026 (EDN-AD)
BETWEEN
1. DIPALI BIRADAR,
AGED ABOUT 23 YEARS,
OCC: BAMS STUDENT,
R/AT: TALUKA SHIKSHANA PRASARAK
SAHAKARA MANDALI'S,
AYURVEDIC MEDICAL COLLEGE AND HOSPITAL,
SHAHAPUR ROAD, SINDAGI - 586 128.
VIJAYAPURA DISTRICT
REG. NO.19A5336
2. GAURAV ISWAR TELI,
Digitally signed AGED ABOUT 23 YEARS,
by SACHIN
Location: HIGH OCC: BAMS STUDENT,
COURT OF
KARNATAKA R/AT: TALUKA SHIKSHANA PRASARAK
SAHAKARA MANDALI'S,
AYURVEDIC MEDICAL COLLEGE AND HOSPITAL,
SHAHAPUR ROAD, SINDAGI - 586 128.
VIJAYAPURA DISTRICT
REG. NO.19A5337
3. IMTIYAZ KANNI,
AGED ABOUT 23 YEARS,
OCC: BAMS STUDENT,
R/AT: TALUKA SHIKSHANA PRASARAK
SAHAKARA MANDALI'S,
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WA No. 200062 of 2026
HC-KAR
AYURVEDIC MEDICAL COLLEGE AND HOSPITAL,
SHAHAPUR ROAD, SINDAGI - 586 128.
VIJAYAPURA DISTRICT
REG. NO.19A5342
4. RADHIKA MISHRA,
AGED ABOUT 23 YEARS,
OCC: BAMS STUDENT,
R/AT: TALUKA SHIKSHANA PRASARAK
SAHAKARA MANDALI'S,
AYURVEDIC MEDICAL COLLEGE AND HOSPITAL,
SHAHAPUR ROAD, SINDAGI - 586 128.
VIJAYAPURA DISTRICT
REG. NO.19A5355.
5. SHAIKH TOHIT SHAIKH MUSA,
AGED ABOUT 23 YEARS,
OCC: BAMS STUDENT,
R/AT: TALUKA SHIKSHANA PRASARAK
SAHAKARA MANDALI'S,
AYURVEDIC MEDICAL COLLEGE AND HOSPITAL,
SHAHAPUR ROAD, SINDAGI - 586 128.
VIJAYAPURA DISTRICT
REG. NO.19A5360
6. TALUKA SHIKSHANA PRASARAK SAHAKARA
MANDALI,
SOCIETY REGISTERED UNDER THE
PROVISIONS OF THE SOCIETY
REGISTRATION ACT,
HAVING ITS OFFICE AT SHAHAPUR ROAD,
SINDAGI - 586 128. VIJAYAPURA DISTRICT.
REPRESENTED BY ITS CHAIRMAN
DR. SHANTVEER
S/O MALLAPPA MANAGULI.
7. TALUKA SHIKSHANA PRASARAK SAHAKARA
MANDALI'S,
AYURVEDIC MEDICAL COLLEGE AND HOSPITAL,
SHAHAPUR ROAD, SINDAGI - 586 128.
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WA No. 200062 of 2026
HC-KAR
VIJAYAPURA DISTRICT.
REPRESENTED BY ITS PRINCIPAL.
...APPELLANTS
(BY SRI SUDARSHAN M., ADVOCATE)
AND
1. THE UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF AYURVEDA,
YOGA AND NATUROPATHY, UNANI,
SIDDHA AND HOMEOPATHY (AYUSH),
MINISTRY OF HEALTH AND FAMILY
WELFARE GOVERNMENT OF INDIA,
NORTH BLOCK, NEW DELHI - 110 001.
2. NATIONAL COMMISSION FOR INDIAN SYSTEM
OF MEDICINE (NCISM),
61-65, INSTITUTIONAL AREA, JANAKPURI,
NEW DELHI - 110 058.
REPRESENTED BY ITS SECRETARY.
3. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR BANGALORE - 560 011.
REPRESENTED BY ITS REGISTRAR.
4. KARNATAKA EXAMINATION AUTHORITY,
18TH CROSS, SAMPIGE ROAD MALLESHWARAM,
BENGALURU 560 012.
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
....RESPONDENTS
(BY SRI SUDHIRSING R.VIJAPUR, DSGI FOR R1 AND R2;
SRI R.J.BHUSARE, ADVOCATE FOR R3;
SRI BASAVARAJ R.MATH, ADVOCATE FOR R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO, CALL FOR
RECORDS ON THE FILE OF THE LEARNED SINGLE JUDGE IN WP
NO.200707/2026 AND SET ASIDE THE ORDER DATED
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WA No. 200062 of 2026
HC-KAR
16.02.2026 PASSED IN WP NO.200707/2026 BY THE LEARNED
SINGLE JUDGE, AND THEREBY BY DIRECT THE RESPONDENT
NO.3/RGUHS TO RELEASE THE EXAM FORMS BY PERMITTING
THE PETITIONER NO.1 TO 5/ STUDENTS TO APPEAR FOR
ENSUING EXAMS OF BAMS COURSE 1ST, 2ND, 3RD AND 4TH
YEAR, WHICH COMMENCES FROM 18.02.2026 AFTER
COLLECTING THE REQUISITE EXAMINATION FEES, IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R.NATARAJ
and
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE R.NATARAJ)
These appellants are aggrieved by the order dated
16.02.2026 passed by the learned Single Judge in
W.P.No.200707/2026 refusing to grant an ex parte interim
order.
2. The appellant Nos.6 and 7 herein had proposed
to establish an Ayurvedic College in the year 2019-20. The
Committee appointed by the respondent No.1 inspected
the College and submitted a letter pointing out certain
shortcomings. On receipt of such letter, appellant Nos.6
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and 7 appeared before the Committee and furnished their
clarification. However, an order dated 12.07.2019 was
passed denying permission to the appellant Nos.6 and 7
for admitting 40 Under Graduate students for the BAMS
course during academic year 2019-20. This was
challenged before this Court in W.P.No.203516/2019. The
learned Single Judge of this Court in terms of the order
dated 07.06.2022, held that the order dated 12.07.2019
shall be treated as a show cause notice and the appellant
Nos.6 and 7 were directed to comply with the
shortcomings mentioned therein. Thereafter, the
regulatory authorities were directed to reconsider the
application of the appellant Nos.6 and 7 in accordance with
law. The learned Single Judge also permitted the students
who were pursuing the course to appear for their
examinations. Since the request of the appellant Nos.6
and 7 was not considered, the students of the institution
filed W.P.No.201721/2024 and connected petitions seeking
for a direction to permit them to appear for the upcoming
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examinations of the 1st, 2nd, 3rd and 4th year and to
regularise their admissions for the academic year 2018-
2019, 2019-20, 2020-21. The learned Single Judge of this
Court in terms of an order dated 08.12.2025, directed the
consideration of the representation filed by the students
and contemporaneously directed that the same shall be
considered by or before 31.03.2026. In the meanwhile,
the learned Single Judge directed the Rajiv Gandhi
University of Health Sciences to announce the results of
the students who had taken up the examinations in the
months of August and September, 2025.
3. The appellants contends that their
representation is not yet considered and in the meanwhile,
the examinations have commenced today. Therefore, the
appellants approached this Court in W.P. No.200707/2026.
They sought for a direction to permit them to appear for
the upcoming 1st, 2nd, 3rd and 4th year examination. They
also sought for interim relief requesting for a direction to
the RGUHS to release the exam forms and permit students
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to appear for the upcoming examination of BAMS course
1st, 2nd, 3rd and 4th year which commences from
18.02.2026 after collecting the requisite fee.
4. It is the case of the appellants that the learned
Single Judge issued notice to the official respondents but,
did not grant the interim relief. Being aggrieved by the
same, the appellants are before this Court.
5. The learned counsel for the appellants
contended that the appellants have been permitted from
time to time to take up the examination pending
consideration of the application of the appellant Nos.6 and
7 for permission. He submits that since the said issue is
yet to be considered, the appellants cannot be deprived of
the opportunity of facing the examinations. Therefore, he
prays that pending disposal of the writ petition before the
learned Single Judge, the appellants be permitted to take
up the examination.
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6. The learned counsel for the respondent Nos.2
and 3 who would submit in unison that the question
whether the appellant Nos.6 and 7 are entitled to establish
an Ayurvedic College is pending consideration before the
respondent No.2 and therefore allowing the students to
complete their course would tantamount to regularising an
illegality. They therefore submit that unless the said issue
is considered, the appellants cannot be granted any
permission to take up the examination.
7. The learned counsel for the respondent No.3
submits that the examination notification was issued in
December, 2025 and that the appellants have waited till
the last date and have approached this Court belatedly. He
therefore submits that no indulgence can be shown to the
appellants.
8. The learned counsel for the respondent No.4
submits that the respondent No.4 would abide by any
order that may be passed by this Court.
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9. We have considered the submissions of the
learned counsel for the appellants and the learned counsel
for the respondents.
10. As rightly contended by learned counsel for the
appellants, the issue regarding grant of permission to
establish the institution is pending consideration before
the respondent No.2 in view of the order passed by a
learned Single Judge of this Court in W.P.201721/2024
and connected petitions. During pendency of such
consideration, certain students had approached this Court
in W.P.No.201721/2024 and connected petitions where
this Court had permitted the students to take up the
examinations and later directed the announcement of the
results. The appellants are all students of the 2019-20
batch who were earlier admitted pending consideration of
the application of the appellant Nos.6 and 7. No doubt, the
appellants have approached this Court belatedly seeking
for relief to take up the examination that is on going.
Nonetheless, since the appellants have already taken up
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examinations in the previous years, it would not be just to
deny them the benefit of taking up the examinations for
the upcoming 1st, 2nd, 3rd and 4th years.
11. In that view of the matter, without expressing
any opinion on the merits of the case of the appellants
which is pending consideration before the learned Single
Judge, we dispose off this appeal by permitting the
appellant Nos.1 to 5 to take up the remaining
examinations for the 1st, 2nd, 3rd and 4th years and we also
direct the respondent No.3 to release the examination
forms and permit the appellants Nos.1 to 5 to appear for
the remaining examinations of BAMS Course 1st, 2nd, 3rd
and 4th years, which has commenced from 18.02.2026
after collecting the requisite examination fee including late
fee, if any. This is however subject to the outcome of the
writ petition before the learned Single Judge. The
appellant Nos.1 to 5 shall not claim any equity in the event
the writ petition before the learned Single Judge is
dismissed.
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12. Learned counsel for the respondent No.3 is
directed to inform the respondent No.3 about the order
passed by this Court so as to enable the appellant Nos.1 to
5 to take up the remaining examinations.
In view of disposal of the main appeal, all pending
interlocutory applications stand disposed off.
Sd/-
(R.NATARAJ)
JUDGE
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
BL
List No.: 2 Sl No.: 1
